R. Lamar Baird v. State Utah State

MAUGHAN, Justice: Before us is a judgment of the District Court declaring Chapter 9, Title 35, as enacted 1973, U.C.A. 1953, unconstitutional. Based on the record before us, the trial court should have dismissed this action for declaratory judgment ex mero motu. It should have done so on the ground it lacked jurisdiction to render an advisory opinion. We reserve. No costs awarded.